UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on January 30 , 20 1 3

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

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- 0003

__________________________________ _______________ _______________________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no

additional confirming order will be issued in this matter).

Application of US AIRWAYS, INC. (US Airways)

, filed 12 / 26 /1 2 for:

XX Renewal of e xemption for two years under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, prope rty, and mail between Charlotte, North Carolina, and

Rio de Janeiro and Sao Paulo, Brazil

.

Applicant rep: Howard Kass ( 202 ) 326

- 5153 DOT Analyst: Darren Jaffe (202) 366

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D I S P O S I T I O N

XX Granted (subject to conditions)

The above action was effective when taken: January 30 , 20 1 3

, through January 30

, 20 1 5

.

Action taken by: Paul L. Gretch, Director

O ffice of International Aviation

XX The authority granted is consistent with the aviation agreement between the United States and Brazil, as

amended, and the Memorandum of Consultations signed March 19, 2011.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations indicated:

XX Holder’s certifi cates of public convenience and necessity

XX Standard exemption conditions (attached)

______________________ __________ _______________________________________________________ On the basis of data officially noticeable under Rule 24(g) of the Department's regu lations, we found the applicant

qualified to provide the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was

consistent with Department policy; (2 ) grant of the authority was consistent with the public interest; and (3) grant of

the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975.

To the extent not granted, we denied all requests in the referenced Docket. We may amend, modify, or revoke the

authority granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s

re gulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of issuance of this Notice.

This action was effective when taken, and the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

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U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled

operations, if authorized);

(3) Comply with the require ments for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the

Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the

requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses;

(6) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation

Security Adminis tration, and with all applicable U.S. Government requirements concerning security,

including, but not limited to, 49 CFR Part 1544. To assure compliance with all applicable U.S. Government

requirements concerning security, the holder shall, before commenc ing any new service (including charter

flights) to or from a foreign airport, contact its Principal Security Inspector (PSI) to advise the PSI of its

plans and to find out whether the Transportation Security Administration has determined that security is

adequate to allow such airport(s) to be served;

(7) Comply with such other reasonable terms, conditions, and limitations required by the publ ic interest as

may be prescribed by the Department of Transportation, with all applicable orders and regulations of other

U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holder is in compliance with the

conditions imposed above.

1/2008